N.D. Cent. Code § 40-46-18
40-46-18. Re-examination of retired member physically or mentally disabled - Notice - Witnesses
40-46-18. Re-examination of retired member physically or mentally disabled - Notice -
Witnesses.
The board of trustees, at any time, may cause any employee of the city who has been
retired by reason of physical or mental disability to be brought before it and again examined by
three competent physicians appointed by the board to discover whether such disability
continues, whether it can be improved, and whether such retired employee should be continued
on the pension roll, and the board may examine witnesses for such purposes. The question of
continued disability or ability to perform regular or light duty shall be determined by the
concurring report of at least two of the three examining physicians. Such employee shall have
reasonable notice that the examination will be made and that the employee shall be present at
the time of the taking of any testimony. The employee may examine the witnesses brought
before the board and introduce evidence in the employee's own behalf. All witnesses shall be
examined under oath, which may be administered by any member of the board.